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Home My WebLink AboutSH RES 1104Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 November 14, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 RECEIVED NOV 1 4 2011 Cler Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamotontownnv.aov. Please be advise~(that the Town Board, at a meeting held on November 9, 2011 1:00 PH, reviewed the following resolution(s): Resolution RES-2011-1104 Adopted [Unanimous] Notice of Public Hearing to Amend Town Code §$$0-5 (Definitions) by Adding New Definitions to Clarify the Meanings of Demolition, Reconstruction, Rehabilitation, Relocation and Substantial Zrnprovements as These Terms Relate to Varying Degrees of Renovation for Historic Structures Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 11/14/2011 Page 1 Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 November 14, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on November 9, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-1104 Adopted [Unanimous] Notice of Public Hearing to Amend Town Code §$$0-5 (Definitions) by Adding New Definitions to Clarify the Pleanings of Demofition, Reconstruction, Rehabilitation, Relocation and Substantial Improvements as These Terms Relate to Varying Degrees of Renovation for Historic Structures CC: 3acqueline Sherman-Smith, Principal Planner Diane Neill, PR Planner Lorraine David Dennis Finnerty, Planning Board Chairman Tiffany Scarlato Russell Kratovill Bridget Fleming, Councilwoman 3ames Malone, Councilman Karin 3ohnson Paul Rubano Kathryn Scott Tamara Wright, Comptroller Anna Throne-Hoist, Supervisor Sandra Cirincione Michael Baldwin Tara Leach, Assistant Sundy Schermeyer, Town Clerk Kim Ottati Cindy Guerriero Nancy Graboski, Councilwoman Lisa Dunlap Kathleen Murray Kim Myers 3ohn Capone, Network Admin Christopher Nuzzi, Councilman Nancy Mullan Gary Cobb Susan Clark Zachary Studenroth, Town Historian Alexandra Sullivan 3oseph Burke 3effrey Gibbons Stephanie Davis, Biking Citizen Advisory Committee Generated 11/14/2011 Page 1 Southampton Town Board - Letter Board Meeting of November 9, 2011 3anice Scherer Charles Bellows, Landmarks 3efferson IVlurphree, Land Management Michael Benincasa, Chief Building Inspector Sally Spanburgh David Wilcox Andrew Freleng, Chief Planner Tim Laube, Clerk Georgia Welch, Village Clerk Honorable Diane Wilhelm, Town Clerk Honorable Dorothy Ogar, Town Clerk Laura ]. Delessandro, Village Cerk L.T. State Park Commission Sarah Lansdale, Director Honorable Frederick Overton, Town Clerk Donald Louchheim, Mayor Rosemarie Cary Winchell, Village Clerk Stephen Funsch, Village Clerk/Treasurer Herb Phillips Gilbert Anderson, Deputy Commissioner Robert Quinlan, Brookhaven Town Arty Tullio Bertoli, Commissioner of PELIV] William H. Rogers, Deputy Commissioner of PELIV] Rebecca IVlolinaro, Village Clerk - Treasurer Patricia Eddington, Brookhaven Town Clerk Martin Haley, Comm. of Bldg & Fire Prevention Lori Riccardi, ZBA Head Clerk Brenda Prusinowski, Deputy Comm. of PELIV] Kimberly Shaw Beth Kamper, Village Clerk Lin IVlarzano Clare Vail, Assistant Historic Landmarks Board Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 11/14/2011 Page 2 Southampton Town Board - Letter Board Meeting of November 9, 2011 RESOLUTION 2011-1104 ADOPTED Item # 6.44 DOC ID: 13857 Notice of Public Hearing to Amend Town Code §330-5 (Definitions) by Adding New Definitions to Clarify the Meanings of Demolition, Reconstruction, Rehabilitation, Relocation and Substantial Improvements as These Terms Relate to Varying Degrees of Renovation for Historic Structures BE IT RESOLVED, that the Town Board hereby directs that a public hearing shall be held on December 13, 2011, at 1:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code to update §330-5 (Definitions) by adding new definitions to clarify the meanings of demolition, reconstruction, rehabilitation, relocation and substantial improvements as these terms relate to varying degrees of renovation for historic structures," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code to update §330-5 (Definitions) by adding new definitions to clarify the meanings of demolition, reconstruction, rehabilitation, relocation and substantial improvements as these terms relate to varying degrees of renovation for historic structures. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. Because the Town Code is not specific about the meaning of 'demolition' and other definitions related to historic structures, this local law seeks to add certainty to the Town Code by defining terms consistent with terminology used by the US Department of the Interior (National Parks Service) and within the New York State Building Code. SECTION 2. Amendment. Section 330-5 (Definitions) of the Town Code of the Town of Southampton is hereby amended by adding the underlined words in alphabetical order as follows: §330-5. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DEMOLITION- to dismantle, raze or remove of all or part of an existing improvement or structure at once or in staqes, including deconstruction as defined herein. DEMOLITION BY NEGLECT-the consistent failure to maintain a structure that causes, or is a Generated 11/14/2011 Page 3 Southampton Town Board - Letter Board Meeting of November 9, 2011 substantial contributing factor of, the deterioration of building materials to such an extent that the structure is no longer safe or restoration is no longer feasible, and ultimately leads to the need for physical demolition. DECONSTRUCTTON-the disassembly of all or part of an improvement or structure for the purpose of reusing its components and building materials. HTSTOR]C PROPERTY- a district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture at the national, State, or local level. TNTEGR]TY- the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. PRESERVATTON- the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbinq systems and other code-required work to make properties functional is appropriate within a preservation project. RECONSTRUCTTON- the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. REHABTLTTATTON- the act or process of making possible a compatible use through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. RELOCATTON-the act of moving a building or structure from one location to another location either on the same parcel or to a different parcel in the immediate vicinity. RENOVATTON- any change, addition or modification in construction or occupancy or structural repair or change in primary function to an existing structure that affects or could affect the usability of the building or facility or part thereof. Alterations include, but are not limited to, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. RESTORATTON (HTSTOR]C)- the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbincl systems and other code-required work to make properties functional is appropriate within a restoration project. SUBSTANTTAL DAMAGE-Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTTAL ]MPROVEMENT-any repair, renovation, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of Generated 11/14/2011 Page 4 Southampton Town Board - Letter Board Meeting of November 9, 2011 the market value of the structure before the improvement or repair is started. Tf the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existinq health, sanitary or safety code violations identified by the code enforcement official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the proposed alteration will not preclude the structure's potential or continued historic designation, as determined by the Landmarks and Historic Districts Board. SECTION 3. Authority. The proposed local law is enacted pursuant to {}10 of Municipal Home Rule Law. SECTION 4. Severability. Tf any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTTCE that a public hearing will be held by the Town Board of the Town of Southampton on December 13, 2011, at 1:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against "A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code to update {}330-5 (Definitions) by adding new definitions to clarify the meanings of demolition, reconstruction, rehabilitation, relocation and substantial improvements as these terms relate to varying degrees of renovation for historic structures." Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK Generated 11/14/2011 Page 5 Southampton Town Board - Letter Board Meeting of November 9, 2011 SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Tmpact: None RESULT: ADOPTED [UNANTMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: Anna Throne-Hoist, Supervisor AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 11/14/2011 Page 6